No charges for former leader of Ohio schools

Tuesday

Sep 25, 2012 at 12:01 AMSep 25, 2012 at 11:08 AM

Prosecutors won't press criminal charges against former state schools Superintendent Stan Heffner. Heffner resigned last month after a state ethics investigation found he improperly lobbied lawmakers on legislation that could have benefitted a standardized-testing company for which he had accepted a job.

Heffner resigned last month after a state ethics investigation found he improperly lobbied lawmakers on legislation that could have benefitted a standardized-testing company for which he had accepted a job.

The yearlong probe also disclosed that Heffner directed two subordinates to arrange for out-of-state job interviews, the sale of his house and other personal business on state time.

“Despite our belief that Mr. Heffner acted inappropriately in both instances ... we too do not find that the evidence supports probable cause to file criminal charges,” Assistant County Prosecutor Jeff Blake and Chief City Prosecutor Lara Baker wrote in a letter to state Inspector General Randall J. Meyer. “As a result, we are unable to pursue criminal prosecution.”

Heffner stepped down Aug. 4, days after Meyer released his findings and referred the matter to city and county prosecutors for review, although he did not recommend that charges be filed.Yesterday, Heffner said he never believed he committed a crime and was pleased that prosecutors reached the same conclusion. He said the proposal to expand teacher testing was not his idea and he never advocated it.

Heffner acknowledged that he had staff members help arrange a personal flight to Texas but said the travel needed to be coordinated with an out-of-town work trip. Staff, he said, also took some personal calls and helped scan documents related to the sale of his house.

At the time, Heffner said, he was working long hours as interim superintendent. “I didn’t have a separate private life because it was always work. When you are doing that job, you are on 24 hours a day. The scheduler was literally coordinating everything I was doing.”

Nonetheless, he said he decided to retire because he did not want accusations against him to distract from numerous initiatives to improve the state’s education system. “It’s always been about the kids,” he said.

Concerns were raised by Democrats after Heffner, then interim superintendent, testified in May 2011 before lawmakers about education provisions contained in the state budget bill, including a requirement that teachers in low-performing schools be re-tested in their subject fields. At the time, Heffner had accepted a job with Educational Testing Service, which administers teacher testing in Ohio and could have profited from additional testing requirements.

While it was known that Heffner would soon leave for a job with the company, prosecutors said he should have disclosed that fact to lawmakers. Nonetheless, there was no evidence that Heffner acted on Educational Testing Service’s behalf, nor did he specifically call for the re-testing provision to be adopted.

“All the testimony did was acknowledge that the provision existed and state that, if passed, it would complement existing programs,” the prosecutors said.

As interim schools superintendent, Heffner was expected to testify about the education provisions included in Republican Gov. John Kasich’s budget proposal. Here’s the part of his testimony regarding teacher testing:

“New programs in House Bill 153 are geared toward attracting, rewarding and promoting good teaching, including the Teaching Incentive Payment program, performance-based compensation requirements, revisions to the process for alternative licensure and re-testing teachers working in the schools at the bottom 10 percent of performance index scores,” Heffner told the Senate Finance Committee.

“We believe many of these provisions can complement the activities of Race to the Top already under way.”

Prosecutors also ruled out possible conflict-of-interest or theft-in-office charges related to Heffner’s use of state resources for personal business. “While Heffner’s use of state employees for scheduling of his private appointments and travel arrangements was certainly inappropriate, the behavior does not fall within the prohibitions contained within (the state’s conflict-of-interest law),” prosecutors said.

Heffner withdrew his acceptance of the Educational Testing Service job in August 2011 when the state Board of Education offered him the superintendent’s job.

The inspector general’s investigation was triggered by a complaint filed a month earlier by Democratic state Rep. Debbie Phillips of Athens. She did not return a message left at her office yesterday seeking comment.

Heffner, 60, of Westerville, said yesterday that he’s enjoying retirement. He has plans to travel and hopes to do charity work, but it’s not likely to involve education.

ccandisky@dispatch.com

@ccandisky

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